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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
Posted

A friend in Colombia wants to begin the Visa Journey :)

They are engaged, she lives in the united states, he lives in Colombia. They lived together for about 2 years then she came back to the united states to work. They will be getting married sometime in October. Should they wait until after they are married and then pursue the K3/CR-1 or apply for the K1 now?

Their situation is different than ours so I don't know what would be best. I know the goal is to get to the United States as soon as possible.

Thanks.

5.26.23: Wedding

6.24.23: I-130

8.21.24: NVC

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

K1 is for couples planning to marry in the US after the visa is granted and the alien arrive in the US.

If they marry in October they would want to seek the CR1 visa rather than K3. CR1 gives the immigrant a green card after arrival in the US. K3 must adjust status.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Not to be a wisea$$, but you can't apply for a spouse visa without a spouse. :) They would have to begin the process after marrying.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
Posted

That's okay. I am just trying to figure out the quickest way for this couple to get to the United States. I was curious if there was a small loop hole, like applying for a "spouse visa" 90 days before the actual marriage. Something like that, I can see that can not happen. So from your responses and what I am reading on the K1, K3, & CR1 is that either they wait until they are married then apply for the K3 or CR1, or apply now for the K1 visa and get married in the US.

However, it seems to me that more K1 visas would be denied, only because the couple is not married and is promising to get married within 90 days when arriving in the United States. I am not sure if the evidence supports my opinion, but I will find out.

What happens if they apply for the K1 and then get married before leaving?

Sounds like these questions are for infopass?

5.26.23: Wedding

6.24.23: I-130

8.21.24: NVC

Posted
That's okay. I am just trying to figure out the quickest way for this couple to get to the United States. I was curious if there was a small loop hole, like applying for a "spouse visa" 90 days before the actual marriage. Something like that, I can see that can not happen. So from your responses and what I am reading on the K1, K3, & CR1 is that either they wait until they are married then apply for the K3 or CR1, or apply now for the K1 visa and get married in the US.

However, it seems to me that more K1 visas would be denied, only because the couple is not married and is promising to get married within 90 days when arriving in the United States. I am not sure if the evidence supports my opinion, but I will find out.

What happens if they apply for the K1 and then get married before leaving?

Sounds like these questions are for infopass?

Marriage before leaving would make the K-1 void so all the time and money wasted and they'd have to start all over but this time with CR-1 visa. What's the rush anyways? 6 months for approval of petition is a norm and with everything he could be in the States 10 -12 months after marriage. Other people have waited much longer - check out the MENA threads or AP threads.

ROC 2009
Naturalization 2010

Filed: AOS (apr) Country: Philippines
Timeline
Posted
That's okay. I am just trying to figure out the quickest way for this couple to get to the United States. I was curious if there was a small loop hole, like applying for a "spouse visa" 90 days before the actual marriage. Something like that, I can see that can not happen. So from your responses and what I am reading on the K1, K3, & CR1 is that either they wait until they are married then apply for the K3 or CR1, or apply now for the K1 visa and get married in the US.

However, it seems to me that more K1 visas would be denied, only because the couple is not married and is promising to get married within 90 days when arriving in the United States. I am not sure if the evidence supports my opinion, but I will find out.

What happens if they apply for the K1 and then get married before leaving?

Sounds like these questions are for infopass?

If you petition for a fiance(e) visa and gets legally married before leaving then the person immediately is ineligible for the visa and the associated immigration benefits that come after.

K-1's are denied but not as often as you are thinking and not for the reasons youare thinking.

Most of your questions can be answered here quite accurately and a lot easier than an infopass

YMMV

 
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